"The great difficulty in forming legitimate governments is in persuading those forming the governments that those who are to be their fellow citizens are equal to them in the rights, which their common government is to protect. Catholics and Protestants in sixteenth-century Europe looked upon each other as less than human, and slaughtered each other without pity and without compunction. It was impossible for there to be a common citizenship of those who did not look upon each other as possessing the same right of conscience. How one ought to worship God cannot be settled by majority rule. A majority of one faith cannot ask a minority of another faith to submit their differences to a vote. George Washington, in 1793, said that our governments were not formed in the gloomy ages of ignorance and superstition, but at a time when the rights of man were better understood than in any previous age. Washington was right, in that such rights were, in the latter part of the eighteenth century, in America, better understood. But they were not perfectly understood, as the continued existence of chattel slavery attests. A difference concerning the equal rights of persons of color made the continued existence of a common government of all Americans impossible. A great civil war had to be fought, ending the existence of slavery, reuniting the nation and rededicating it to the proposition that all men are created equal."

“But the South became a closed society on the eve of the Civil War, and it became a closed society after the end of Reconstruction. The Intercollegiate Studies Institute for some time circulated a book edited by my late friend Mel Bradford, The Essays of Andrew Litell ; was one of the Southerners who took their stand in 1931, I think it was. And one of those essays, written in 1934, praised lynching as a legitimate exercise of the reserve powers of the states when the government didn't fulfill its duty to take care of racist agitators. So the South was a closed society on the subject of race right up until World War II.”

“In 1896, in Plessy v. Ferguson, the Court decided that 'separate but equal' did not violate the equal protection clause, and the South and not only the South relied upon this decision in building their systems of racially segregated public schools. The Court's 1896 decision can be explained in part by reason of the fact that the country—and the Western World generally—was then nearly submerged by the 'evolutionary' enlightenment. This movement, which dominated the intellectual elites in the universities, the law schools, and the media, denied the story of Creation in the Bible, and rejected the hitherto received idea that "God hath made of one blood all nations of men for to dwell on all the face of the earth." It entertained instead the idea that the races of mankind did not all emerge at the same time from the subhumanity which preceded their humanity. Evolutionary doctrine encouraged the idea that there was a fundamental inequality among the aforesaid races, and this idea virtually relegated to the "dustbin of history" the contrary idea, enshrined in the Declaration of Independence and the Gettysburg Address, "that all men are created equal.”

“Now, the issue of the Civil War as Lincoln presented it, in both his inaugural address on March 4th, and in the message to Congress in Special Session on July 4th, four months later, was in essence this. In ratifying the Constitution, each state had committed itself to accepting the results of elections conducted under the rules of the Constitution. The election of 1860 had been conducted under the rules of the Constitution. If there were any violations of those rules, it was by the Southern states in refusing to allow Republican electors on the ballot. But there was nothing that the Republican Party had done. There was nothing in the electoral procedures of the free states, or, for that matter, of the slave states with this exception which justified anyone in saying that the results of this election were not Constitutional results.”

“So that was the basic issue. Once the ballots had been decided, Lincoln said the only recourse must be through future elections in which the minority can try to become the majority; but there can be no right to reject the results of an election conducted under the rules of the Constitution.”

“he one unforgivable sin, according to dominant Southern public opinion, was moral condemnation of slavery.”

“The President's proclamation is intended to give heart to, and rightly does give heart to, the Right to Life movement. It does so by identifying the right to life of the unborn with the first of the rights mentioned in the Declaration. It does so as the free soil movement and the Republican party, in the antebellum United States, had identified the right to liberty in the Declaration as the principled ground of its opposition to slavery. Then it was understood that the principle of equal rights for all in the Declaration of Independence was, as Lincoln said it was, "the apple of gold in the picture of silver" that gave life and meaning to the Constitution. Then it was understood that the original intent of those who framed and those who ratified the Constitution was to "secure these rights," the rights that defined the moral order which the legal order was to implement.”